Harvey Aluminum v. International

Before POPE and HAMLIN, Circuit Judges, and BOWEN, District Judge. PER CURIAM: Appellant as plaintiff below brought this action against the appellees alleging in its complaint that this action ""arises under the laws of the United States regulating commerce, and more particularly under § 303 of the Labor Management Relations Act, 1947."" It was based upon a claim that defendants had been guilty of certain acts amounting to secondary boycott resulting in damages to plaintiff. Plaintiff demanded judgment for three million dollars, general damages, three million dollars, punitive damages, and thirty-five thousand dollars, attorneys' fees.Defendants moved to strike from the complaint the allegations and the portion of the prayer claiming punitive damages.The motion was granted and plaintiff now attempts to appeal from the order granting that motion.